45-39A-50
Section 45-39A-50 Local option election authorized for sale and distribution of alcoholic beverages.
(a)(1) The Legislature of Alabama is cognizant of Opinion of the Justices No. 376, 825 So.
2d 109 (Ala. 2002), which states on page 115 that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901,...
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45-17A-53
Section 45-17A-53 Regulation of alcoholic beverage sales on Sunday. The governing body of the
City of Muscle Shoals in Colbert County, by ordinance, may regulate and permit the sale of
alcoholic beverages during certain hours on Sunday, as determined by the governing body, by
properly licensed retail licensees of the Alcoholic Beverage Control Board and the City of
Muscle Shoals serving the general public in the city. (Act 2017-430, §1.)...
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45-17A-84
Section 45-17A-84 Regulation of alcoholic beverage sales on Sunday. The governing body of the
City of Tuscumbia in Colbert County, by ordinance, may regulate and permit the sale of alcoholic
beverages during certain hours on Sunday, as determined by the governing body, by properly
licensed retail licensees of the Alcoholic Beverage Control Board and the City of Tuscumbia
serving the general public in the city. (Act 2017-428, §1.)...
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45-17A-71.01
Section 45-17A-71.01 Regulation of alcoholic beverage sales on Sunday. The governing body of
the City of Sheffield in Colbert County, by ordinance, may regulate and permit the sale of
alcoholic beverages during certain hours on Sunday, as determined by the governing body, by
properly licensed retail licensees of the Alcoholic Beverage Control Board and the City of
Sheffield serving the general public in the city. (Act 2017-429, §1.)...
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45-3A-50.01
Section 45-3A-50.01 Regulation of alcoholic beverage sales on Sunday. The governing body of
the City of Eufaula in Barbour County, by ordinance, may regulate and permit the sale of alcoholic
beverages after 12:00 p.m. on Sunday, as determined by the governing body, by properly licensed
retail licensees of the Alcoholic Beverage Control Board and the City of Eufaula serving the
general public in the city. (Act 2017-436, §1.)...
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45-3A-20
Section 45-3A-20 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 14, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The city council or
other governing body of the City of Bridgeport in Jackson County, by resolution adopted by
a majority of the council, may regulate and permit the sale of alcoholic beverages during
certain hours on Sunday as determined by the city council by properly licensed retail licensees
of the Alcoholic Beverage Control Board and the City of Bridgeport serving the general public
in the city. (Act 2018-223, §1.)...
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28-2A-2
Section 28-2A-2 Distribution of funds pursuant to Chapters 3 and 28 of Title 40. The distribution
of funds pursuant to Chapter 28, Title 40, and Chapter 3, Title 40, both as amended, shall
not be affected by this article. County school systems may receive revenue from the sale of
alcoholic beverages upon approval by the city council of said municipality or by the sale
of alcoholic beverages authorized by a municipal option election pursuant to this article.
(Acts 1984, No. 84-408, p. 955, §2.)...
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28-1-7
Section 28-1-7 Alcoholic Beverage Control Board prohibited from issuing licenses for sale of
intoxicating beverages in Class IV municipalities; exceptions. REPEALED IN THE 2020 REGULAR
SESSION BY ACT 2020-152 EFFECTIVE AUGUST 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) All other provisions of law, rules, or regulations to the contrary notwithstanding, the
Alabama Alcoholic Beverage Control Board shall absolutely have no authority to issue any form
of license in a Class IV municipality organized pursuant to Section 11-44B-1, et seq., including,
but not limited to, on or off-premise consumption licenses, special event or special retail
licenses, restaurant or lounge licenses, club licenses, or other licenses for the retail sale
of any form of intoxicating beverages, including, but not limited to, beer and other forms
of malt beverages, wine, liquor, or other alcoholic beverages regulated by the board, unless
the application therefore has first been approved by the governing...
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28-3A-25
Section 28-3A-25 Unlawful acts and offenses; penalties. (a) It shall be unlawful: (1) For any
manufacturer, importer, or wholesaler, or the servants, agents, or employees of the same,
to sell, trade, or barter in alcoholic beverages between the hours of nine o'clock p.m. of
any Saturday and two o'clock a.m. of the following Monday. (2) For any wholesaler or the servants,
agents, or employees of the wholesaler to sell alcoholic beverages, to other than wholesale
or retail licensees or others within this state lawfully authorized to sell alcoholic beverages,
or to sell for export. (3) For any person, licensee, or the board, either directly or by the
servants, agents, or employees of the same, or for any servant, agent, or employee of the
same, to sell, deliver, furnish, or give away alcoholic beverages to any person under the
legal drinking age, as defined in Section 28-1-5, or to permit any person under the legal
drinking age, as defined in Section 28-1-5, to drink, consume, or possess...
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28-1-6
Section 28-1-6 Issuance of licenses for sale of intoxicating beverages in Class 1 or Class
2 municipalities. (a)(1) All other provisions of law, rules, or regulations to the contrary
notwithstanding, the Alabama Alcoholic Beverage Control Board shall absolutely have no authority
to issue any form of license in a Class 1 municipality, including, but not limited to, off-premises
consumption licenses, restaurant licenses, or club licenses, for the retail sale of any form
of intoxicating beverages, including, but not limited to, malt liquor, beer, wine, liquor,
or other alcoholic beverage regulated by the board, unless one of the following requirements
is satisfied: a. The application has first been approved by the governing body of the Class
1 municipality in which the site of the license is situated. b. The denial of approval by
the Class 1 governing body has been set aside by order of the circuit court of the county
in which the site is situated on the ground that the municipal approval...
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